St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-30
admitted. AT 5:sOp. m. the argument ended,
THE COURT.

III passing upon the objections, said:
All OF the counsel, with perhaps one ex-
ception, practice in this court frequently.
and hence, l now say that it is the view OF
this court that unless the point raised dis
poses OF the case finally, the court says but
little upon the question when passing upon
it. 1t is the view of this court that Instruc-
uous are not to be given TO the jury
III the way OF arguments from the
bench. Only so much is said as may be
necessary to advise counsel of the position
of the court on the point raised. We have
arrived at that point ii the case now where
counsel for the state seek TO introduce the
statements of one George Triber, who they
allege or claim was co-conspirator with the
defendant on trial. The defendant objects to
the testimony upon the grounds that the in
dlctment should allege not the evidence, but
the facts showing the conspiracy. The second
ground of the objection is that there is not
sufficient testimony 30 show prima facie
case of conspiracy, hence not entitled to be
admitted. The third ground of objection is,
rs l understand il, that this testimony relates
TO period anterior to the criminal enter
prise. or to the pendency of alleged conspir
acy, and hence not admissible. With refer
ence to the first point, l may say that it is
my view, as 1t always has been in q case of
this kind. that it is not necessary that the
state should alege conspiracy in a charge
for murder where the murder is the result OF
conspiracy on the part of several individuals.
An indictment, in form such as the
one under which the defendant is now
on trial, is sufficient to enitle the state to IN
troduce such testimony as is now offered.
With reference TO the next point in the case
may say that whether cons piracy is or is
not established is a question of fact, of
course, for the jury; they are to determine
whether the conspiracy is established If
such testimony is introduced, or has been in
troduced, as TO make q prima facie case, then
1t is the
DUTY OF THE COURT
to allow those statements to so to the jury TO
enable them TO determine whether it is q fact
that a conspiracy has been established. On
the propositions of the law, take it, there
can be no controversy; there does not seem
TO have been any in the discussion of the
question that has arisen. l think there is q
suhciency of testimony as makes a prima
facie case, and entities the state to the intro
duction of this evidence. With reference to the
third point may say that is the only point
during the discussion upon which L have had
serious doubt whether now the state is en-
titled to introduce the statements of this man
Trieber made TO the witness Bismarck, who is
on the stand. These statements, il ! undr-
stand the facts correctly, were made at the
time before the meeting which the state
claims was held in Holdenreid hall, that meet
ing having been on the night of Aug. 2, Mon
day evening. These statements, if L under
stand Alright the facts, were made by Trieber
10 BISMARCK some time during
the day on Moday. OF course 1
presume there can be no doubt that if
they were made prior to the alleged criminal
enterprise which was adopted or known of
by the parties in that hall that evening they
are now admissible. l have thought, how
ever. that the better and wiser course per-
haps to pursue is to allow these statements
TO be admitted upon the theory that they
were made during the pendency of the con-
spiracy, the jury to be properly instructed
of course at the proper time with reference
to them, and if the jury shall first find q con-
spiracy and shall find that these statements
were not made during the pendency of the
conspiracy, then Of course they will not con-
sider them. 1t will therefore follow then that
the objection will be overruled.
This clears the way to the state for the
introduction Of wide range of testimony
in which to fully cover the conspiracy and
its attending results. The court then adj
journed with KOschniski Oh the stand